Is it permissible to reclaim the full dowry from a wife afflicted with a chronic, concealed skin disease, who has not yet been consummated with?
Scholars differ regarding the defects that permit the annulment of marriage (فسخ النكاح), and the majority of them confine these to specific defects. If the skin disease is not leprosy (جذام) or vitiligo (برص), then she does not have the option of annulment based on it. If the girl possesses religious commitment and good character, it is preferable to retain her and assist her in seeking treatment. If you divorce her after a valid khalwa (private seclusion), she is entitled to the full mahr (bridal gift), and she must observe the iddah (waiting period). A woman, by virtue of the valid marriage contract, becomes a wife, and what is permissible for the husband from his wife becomes permissible, with the recommendation to observe customs regarding the deferment of consummation.
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- Original fatwa ID
- 120547
- Imported
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- Source text, unreviewed
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